ABSTRACT
When children become involved with the criminal justice system this can lead to a number of negative consequences, including physical and psychological harms, and increased criminality. Such formal system contact can, therefore, be conceptualised as a violent force in the lives of children. This chapter makes the case that diversion, and restorative justice as a specific type of diversion, can avoid the violence that exposure to the criminal justice system can bring. Attention is given to some of the conceptual and practical challenges associated with diversion, and important elements for ensuring that diversion is effective and upholds children’s rights are discussed. Context is provided through the description of restorative justice as a pretrial diversion mechanism for children in Thailand. Further, an action research project is presented, which aims to increase the use of special measures in place of criminal prosecution.
